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Land or to any building or improvement now or hereafter located thereon, including, <br /> without limitation, all cash and security deposits, advance rentals and deposits or <br /> payments of a similar nature ("Leases"), and all Rents (as herein defined) (all of the <br /> foregoing, together with the Land, hereinafter being referred to as the "Property" or <br /> "Mortgaged Property"), <br /> TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee forever; <br /> PROVIDED, NEVERTHELESS, That this Mortgage is given upon the express <br /> condition that if Mortgagor shall cause to be paid and performed all of the Obligations, <br /> and shall also keep and perform all and singular the coyits herein contained on the <br /> part of Mortgagor to be kept and performed then tha Mortgage and the estate hereby <br /> granted shall cease and be and become void and shall ased of record at the expense <br /> of Mortgagor; otherwise this Mortgage shall be and iiffiain t full force and effect. <br /> MORTGAGOR REPRESENTS, WARRANTS AND COVENANTS to and with <br /> Mortgagee that Mortgagor has good right and full power and authority to execute this <br /> Mortgage and to mortgage the Mortgaged Property; that the Mortgaged Property is free <br /> from all liens and encumbrances except those identified in Exhibit B hereto (collectively, <br /> the "Other Mortgages"); that Mortgagee shall quietly enjoy and possess the Mortgaged <br /> Property; that Mortgagor will warrant and defend the title to the Mortgaged Property <br /> against all claims, whether now existing or hereafter arising. The covenants and <br /> warranties of this paragraph shall survive foreclosure of this Mortgage and shall run with <br /> the Land. <br /> AND IT IS FURTHER COVENANTED AND AGREED AS FOLLOWS: <br /> ARTICLE ONE <br /> GENERAL COVENANTS, AGREEMENTS, WARRANTIES <br /> 1.1 Payment of Obligations, Observance of Covenants. Mortgagor will duly <br /> pay and perform its Obligations and will perform all other agreements and covenants by <br /> Mortgagor to be performed hereunder. <br /> 1.2 Payment of Impositions. Mortgagor agrees to pay, before a penalty might <br /> attach for nonpayment thereof, all taxes, assessments, water and sewer charges, and other <br /> fees, taxes and charges of whatsoever nature levied upon or assessed or placed against the <br /> Mortgaged Property (collectively "Impositions"). Mortgagor will likewise pay all taxes, <br /> assessments and other charges, levied upon or assessed, placed or made against, or <br /> measured by, this Mortgage, or the recordation hereof, or the Obligations, provided that <br /> Mortgagor shall not be obliged to pay such tax, assessment or charge if such payment <br /> would be contrary to law or would result in the payment of an usurious rate of interest on <br /> the Obligations. Mortgagor shall promptly furnish to Mortgagee all notices received by <br /> Mortgagor of amounts due under this Section and upon Mortgagee's request, shall deliver <br /> proper receipts evidencing the payment of such amounts. In the event of a judicial decree <br /> or legislative enactment after the date of this Mortgage, providing that any such <br /> imposition may not be lawfully paid by Mortgagor, or in the event that the payment of <br /> -3- <br />